Términos de servicio adicionales para el programa de Anfitriones residentes de Airbnb
IF YOU RESIDE IN, OR THE ORGANIZATION YOU ARE ACTING FOR IS ESTABLISHED IN, THE UNITED STATES, PLEASE NOTE: THE ARBITRATION CLAUSE AND CLASS ACTION WAIVER CONTAINED IN THE AIRBNB TERMS OF SERVICE (“TERMS”) APPLY TO ANY DISPUTE RELATING TO THESE ADDITIONAL TERMS FOR THE RESIDENT HOSTING PROGRAM.
Last Updated: September 3, 2024
You agree to these Additional Terms of Service for the Airbnb Resident Hosting Program (“Resident Hosting Terms”) by using services to offer accommodations on Airbnb in a building which participates in the Airbnb Resident Hosting Program.
These Resident Hosting Terms supplement the Terms, the Airbnb Payments Terms of Service (“Payments Terms”), and the Airbnb Privacy Policy (“Privacy Policy”) (collectively, “Airbnb Terms”), and except as explicitly stated herein, the Airbnb Terms apply in full to all Resident Hosting Program Hosts and Resident Hosting Listings. If there is a conflict between the Airbnb Terms and the Resident Hosting Terms, these Resident Hosting Terms control to the extent of the conflict.
Services related to the Airbnb Resident Hosting Program are provided to you by the contracting entity set forth in Section 9 below.
Definitions
All capitalized terms not defined here have the meaning given to them in the Airbnb Terms.
“Airbnb Resident Hosting Program” means a program through which certain building owners, operators, homeowners’ associations, or equivalent parties allow and support home-sharing by their tenants or unit owners, as applicable, on Airbnb subject to applicable rules or requirements they determine, and associated product features.
“Building Rules” means any rules or requirements set by a Program Administrator that apply to being a host or guest of a Participating Listing.
“Program Administrator” means the owner(s) of a Participating Building, a homeowners’ association that governs a Participating Building, and/or each of their agents (such as a building operator or property management company), successors, or assigns.
“Participating Building” means a building enrolled in the Airbnb Resident Hosting Program by its Program Administrator.
“Participating Listing” means a Listing in a Participating Building that has been enrolled in the Airbnb Resident Hosting Program.
“Non-Participating Listing” means a Listing in a Participating Building that is not enrolled in the Airbnb Resident Hosting Program.
“Nightly Rate” means the rate per night set by you for your Participating Listing, including any management fees, resort fees, or community fees that are rolled into the nightly rate through Airbnb’s professional hosting tools, if applicable.
“Revenue Share” means a percentage of your Payout earnings on Airbnb that you and your Program Administrator agree you will pay to your Program Administrator, which may be calculated based on your Nightly Rate plus any lodging or hotel taxes, cleaning fees, extra guest fees, pet fees, or other fees and amounts collected by you from guests, as specified by your building.
Additional Terms for Resident Hosting Listings
1. Building Rules.
If you host a Participating Listing, you agree to follow your Program Administrator’s Building Rules and to make sure Airbnb guests also comply with any Building Rules applicable to them. Building Rules may be displayed when you enroll in the Airbnb Resident Hosting Program on Airbnb, and/or provided to you by your Program Administrator outside of the Airbnb Platform, and may be updated by your Program Administrator from time to time upon no less than thirty (30) days’ written notice. However, your Program Administrator may reduce the Revenue Share or increase the nights you may host per year upon five (5) days’ written notice. Such notices may be sent from your Program Administrator and/or Airbnb, as applicable.
As a host, you are responsible for understanding and complying with any laws, rules, regulations, and contracts with third parties that apply to hosting, including registration, tax, or licensing requirements, regardless of whether set forth in the Building Rules applicable to your Participating Listing(s).
2. Revenue Share with your Program Administrator.
To the extent applicable to your building, by agreeing to participate in the Airbnb Resident Hosting Program, you authorize Airbnb Payments to effectuate a payment to your Program Administrator of the Revenue Share for each of your Payouts following your enrollment in the Airbnb Resident Hosting Program for each Participating Listing.
The Revenue Share will be calculated based on a percentage of your Payouts. The specific calculation for determining the Revenue Share varies based on your building’s requirements. The Revenue Share percentage for your building will be displayed prior to your enrollment in the Airbnb Resident Hosting Program and may be updated by your Program Administrator as described above.
When hosts and Program Administrators agree to a Revenue Share allocation for the Airbnb Resident Hosting Program, they are contracting only with each other, and Airbnb is not a party to that agreement. Each host expressly directs and authorizes Airbnb Payments to execute Payouts to them and their Program Administrator in accordance with the Payments Terms.
3. Night limits.
If you host a Participating Listing, you acknowledge that your Program Administrator may limit the number of nights that you can host on Airbnb during a year and agree that you may not host in excess of that night limit. If your building has a night limit, when you agree to participate in the Airbnb Resident Hosting Program, any reservations you have already hosted or that are already booked will be considered in determining the additional number of nights that you may host. Upon reaching the night limit, you will not be able to accept new reservations for the remainder of the year, but you will still be able to receive reservations for the next calendar year. The night limit applicable to your Participating Building will be displayed prior to your enrollment in the Airbnb Resident Hosting Program and may be updated by your Program Administrator as described above.
4. Image Use.
Your Program Administrator may provide photos or other images for your use in creating a Participating Listing on Airbnb. By using any such photos, you agree that such photos are an accurate representation of the common spaces at the property and that any photos provided by your Program Administrator of the interior of an individual apartment unit will not be used in your Participating Listing. In addition, you agree that such photos may not be used for any purpose other than in a Participating Listing nor may such photos be modified in any way. Your Program Administrator may require you to cease your use of these photos at any time and remove them from your Participating Listing.
5. Sharing Information with your Program Administrator about your Activities as a Host.
5.1 Future Activities. By agreeing to participate in the Airbnb Resident Hosting Program, you authorize Airbnb to disclose to your Program Administrator information about your activities as a host of each Participating Listing. For example, starting on the date when you enroll in the Airbnb Resident Hosting Program, your Program Administrator can receive information such as your name, unit number, when you host, booking and reservation information, Payout amounts and a link to your Participating Listing.
5.2 Past Activities. By agreeing to participate in the Airbnb Resident Hosting Program, you authorize Airbnb to disclose to your Program Administrator the number of nights you hosted in the Participating Building before you enrolled in the program in the present calendar year. For more information about how your information can be shared, please see the Privacy Policy.
5.3 Participating Listing Approval. Your Program Administrator may require you to submit your Participating Listing to them for review prior to publication. If so, your Program Administrator will be able to review your Participating Listing, including your Participating Listing’s photos, list of amenities, and description, and may request changes to comply with Building Rules required to host on Airbnb prior to approving for publication. If you have been a host in a Participating Building prior to the date it became a Participating Building, your Program Administrator will have the opportunity to review your Participating Listing and may request changes to comply with Building Rules required to continue hosting on Airbnb. Further, a Program Administrator may review your Participating Listing in the future and request additional changes to comply with Building Rules or applicable laws required to continue hosting on Airbnb, which may change from time to time.
6. Non-Participating Listings.
In limited cases, a Program Administrator at its sole discretion may determine certain listings in a Participating Building are not required to participate in the Airbnb Resident Hosting Program and may direct Airbnb to treat these listings as Non-Participating Listings not subject to the Building Rules, data sharing, and other obligations set forth in these Airbnb Resident Hosting Terms. Outside of these designated Non-Participating Listings, if you continue to list your property in a Participating Building on Airbnb without agreeing to these Airbnb Resident Hosting Terms, you do so at your sole risk and doing so may result in suspension or removal of Listings and cancellation of pending or confirmed bookings.
7. No Endorsements.
We do not endorse any host, Program Administrator, Participating Building, or Revenue Share arrangement, nor do we determine the Building Rules set by your Program Administrator. You expressly acknowledge and agree that Airbnb is in no way responsible for the acts or omissions of any Program Administrator. We do not guarantee any Program Administrator will continue to allow you to participate in the Airbnb Resident Hosting Program in the future.
8. DISCLAIMERS
8.1 DISCLAIMERS APPLICABLE TO USERS RESIDING OUTSIDE THE EEA and the UK. This clause 8.1 does not apply to you if your country of residence or establishment is within the European Economic Area, Switzerland, or the United Kingdom. IF YOU CHOOSE TO HOST ON AIRBNB IN A PARTICIPATING BUILDING OR USE THE AIRBNB RESIDENT HOSTING PROGRAM, YOU DO SO AT YOUR SOLE RISK. THE AIRBNB RESIDENT HOSTING PROGRAM IS PROVIDED "AS IS", WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED. WITHOUT LIMITING THE FOREGOING, AIRBNB EXPLICITLY DISCLAIMS ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT OR NON-INFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE. AIRBNB MAKES NO WARRANTY ABOUT THE AIRBNB RESIDENT HOSTING PROGRAM, INCLUDING, BUT NOT LIMITED TO, THAT LISTINGS OR ANY ACCOMMODATIONS YOU OFFER WILL MEET YOUR PROGRAM ADMINISTRATOR’S REQUIREMENTS, WILL COMPLY WITH APPLICABLE LAWS, OR BE AVAILABLE ON AN UNINTERRUPTED, SECURE, OR ERROR-FREE BASIS. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED FROM AIRBNB, YOUR PROGRAM ADMINISTRATOR, OR THROUGH THE AIRBNB RESIDENT HOSTING PROGRAM WILL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN OR CONSTITUTE TAX OR LEGAL ADVICE.
8.2. DISCLAIMERS APPLICABLE TO ALL USERS. WHILE PROGRAM ADMINISTRATORS WHO PARTICIPATE IN THE AIRBNB RESIDENT HOSTING PROGRAM HAVE TOLD AIRBNB THAT THEY AGREE NOT TO EVICT ELIGIBLE TENANTS, OR TAKE OTHER REMEDIAL ACTION AGAINST YOU, SOLELY BECAUSE OF THEIR ACTIVITY AS HOSTS OF PARTICIPATING LISTINGS, THEY MAY RETAIN THE ABILITY TO DO SO INCLUDING IF YOUR AIRBNB-RELATED ACTIVITIES CREATE AN UNSAFE OR DISRUPTIVE ENVIRONMENT OR IF YOU DO NOT COMPLY WITH ANY APPLICABLE BUILDING RULES OR THE TERMS OF YOUR LEASE. AIRBNB CANNOT AND DOES NOT MAKE ANY WARRANTIES OF ANY KIND THAT YOUR PROGRAM ADMINISTRATOR WILL NOT EVICT YOU, OR TAKE OTHER ACTION AGAINST YOU RELATED TO HOSTING ACTIVITIES OR OTHERWISE.
YOU ARE SOLELY RESPONSIBLE FOR ALL OF YOUR COMMUNICATIONS AND INTERACTIONS WITH YOUR PROGRAM ADMINISTRATOR AND WITH OTHER PERSONS WITH WHOM YOU COMMUNICATE OR INTERACT AS A RESULT OF YOUR USE OF THE AIRBNB RESIDENT HOSTING PROGRAM, INCLUDING, BUT NOT LIMITED TO, ANY OTHER HOSTS, NEIGHBORS, BUILDING STAFF, OR GUESTS. YOU UNDERSTAND THAT AIRBNB DOES NOT MAKE ANY ATTEMPT TO VERIFY THE STATEMENTS OF YOUR PROGRAM ADMINISTRATOR OR TO REVIEW OR VISIT ANY ACCOMMODATIONS OR PARTICIPATING BUILDINGS. AIRBNB MAKES NO REPRESENTATIONS OR WARRANTIES AS TO THE CONDUCT OF YOUR PROGRAM ADMINISTRATOR AND USERS OF THE AIRBNB RESIDENT HOSTING PROGRAM OR THEIR COMPATIBILITY WITH ANY CURRENT OR FUTURE USERS OF THE AIRBNB RESIDENT HOSTING PROGRAM. YOU AGREE TO TAKE REASONABLE PRECAUTIONS IN ALL COMMUNICATIONS AND INTERACTIONS WITH YOUR PROGRAM ADMINISTRATOR, NEIGHBORS, AND OTHER USERS OF THE AIRBNB RESIDENT HOSTING PROGRAM AND WITH OTHER PERSONS WITH WHOM YOU COMMUNICATE OR INTERACT AS A RESULT OF YOUR USE OF THE AIRBNB RESIDENT HOSTING PROGRAM, INCLUDING, BUT NOT LIMITED TO, PROGRAM ADMINISTRATORS, GUESTS, AND HOSTS, PARTICULARLY IF YOU MEET OFFLINE OR IN PERSON REGARDLESS OF WHETHER SUCH MEETINGS ARE ORGANIZED BY AIRBNB. NOTWITHSTANDING THE APPOINTMENT OF AIRBNB PAYMENTS AS THE LIMITED PAYMENT COLLECTION AGENT OF THE HOSTS, AIRBNB EXPLICITLY DISCLAIMS ALL LIABILITY FOR ANY ACT OR OMISSION OF YOURS, ANY PROGRAM ADMINISTRATOR, GUEST, OR OTHER THIRD PARTY.
9. Contracting Entities.
For the specific purpose of the Airbnb Resident Hosting Program and related dedicated tools and features, you are contracting with Airbnb, Inc. if you reside in or have your place of establishment in the United States, with Airbnb Ireland UC if you reside in or have your place of establishment in Canada, and with Airbnb Global Services Limited if you reside in or have your place of establishment outside of the United States and Canada. Your use of the Airbnb Platform and Payment Services, including as described in these Resident Hosting Terms, shall otherwise be as set forth in the Terms and Payment Terms.
10. Termination.
10.1 Termination by a Resident Host or a Program Administrator. As a Resident Host, you may terminate this agreement at any time by sending us an email or by removing all of your Participating Listings from the Airbnb Platform. A Program Administrator may terminate the Airbnb Resident Hosting Program with respect to a specific Participating Building upon 30 days’ prior notice to Airbnb and to hosts of Participating Listings in that Participating Building.
10.2 Termination by Airbnb. Airbnb may terminate this agreement immediately and without notice and your access to the Airbnb Platform may be removed if you materially breach this agreement and/or other Airbnb Terms or Policies, you violate applicable laws, or we reasonably believe termination is advisable to protect Airbnb, its Members, or third parties. If your Participating Listing has been inactive for 120 or more days, it may be removed from Airbnb.
10.3 Effect of Termination. Upon termination of this agreement, for any reservations made in Participating Listings prior to termination, the Revenue Share will apply, and, as a Resident Host, you will remain responsible for complying with applicable Building Rules for any such bookings. Your Program Administrator may also require removal of Participating Listings or cancellation of future reservations upon termination. Upon termination of this agreement by a Resident Host under Section 10.1, a Program Administrator may continue to have access to information set forth in Section 3.
11. Modification.
Airbnb reserves the right to modify these Resident Hosting Terms at any time in accordance with the Airbnb Terms. Further, Airbnb reserves the right to discontinue the Airbnb Resident Hosting Program, or add, remove, limit, or change functionality of any feature that relates to the Airbnb Resident Hosting Program, or other features of the Airbnb platform which may be available to hosts of Participating Listings, at any time in accordance with the Airbnb Terms.
12. Severability.
If any provision or part of a provision in these Resident Hosting Terms is held to be invalid, void, or unenforceable, such provision (or the part of it that is making it invalid, void or unenforceable) will be struck and not affect the validity of and enforceability of the remaining.
13. Survival.
If you or we terminate these Resident Hosting Terms, the clauses of these Resident Hosting Terms that reasonably should survive such termination will remain in effect.
14. Governing Law, Dispute Resolution, and Venue.
Governing law, dispute resolution, and venue shall be as set forth in the Airbnb Terms.
15. Indemnification.
Unless your country of residence or establishment is within the European Economic Area, or Switzerland, or the United Kingdom, in addition to your indemnification obligations in the Airbnb Terms, you agree to release, defend, indemnify, and hold Airbnb (including Airbnb Payments, other affiliates, and their personnel) harmless from and against any claims, liabilities, damages, losses, and expenses, including, without limitation, reasonable legal and accounting fees, arising out of or in any way connected with your participation in the Airbnb Resident Hosting Program or associated tools and features.
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